2108.09
Anatomical gift after donor's death.

(A)
Subject to divisions (B) and (C) of this section, and unless barred by section
2108.07 or
2108.08 of the Revised Code, an
anatomical gift of a decedent's body or part for purpose of transplantation,
therapy, research, or education may be made in the manner provided for under
section 2108.10 of the Revised Code by any
member of the following classes of persons who is reasonably available, in the
following order of priority:

(1)
An agent of
the decedent at the time of death who could have made an anatomical gift under
division (B) of section
2108.04 of the Revised Code
immediately before the decedent's death;

(8)
A surviving adult who exhibited special
care and concern for the decedent;

(9)
The persons who were acting as the
guardians of the person of the decedent at the time of death;

(10)
The persons, other than those in
divisions (A)(1) to (9) of this section, to whom the right of disposition for
the decedent's body has been assigned pursuant to section
2108.70 of the Revised Code or who
have the right of disposition for the decedent's body as described in section
2108.81 of the Revised Code.

(B)
If there is more
than one member of a class listed in division (A)(1), (3), (4), (5), (6), (7),
or (9) of this section entitled to make an anatomical gift, an anatomical gift
may be made by a single member of the class unless that member or a person to
which the gift may pass under section
2108.11 of the Revised Code knows
of an objection by another member of the class. If an objection is known, the
gift may be made only by a majority of the members of the class who are
reasonably available.

(C)
A person
shall not make an anatomical gift if, at the time of the decedent's death, a
person in a prior class under division (A) of this section is reasonably
available to make or object to the making of an anatomical gift.